Advertising through influencers

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Background

This opinion has been requested by the Spanish Presidency of the Council of the EU, which is very concerned about the rise of influencers advertising on social networks and having large numbers of followers. Perceived as closer, more authentic and trustable than traditional advertising media and celebrities, they have the power to influence consumer behaviour, as witnessed by increasing advertiser investment in this sector.  

In a letter to the EESC, the Spanish Ministry of Consumer Affairs explains that its primary concerns are the possible harmful effects of influencer advertising on the physical, psychological, social and emotional development of minors, who are overexposed to social networks. The Presidency also fears the lack of transparency of influencer advertising, where the line between content sharing and advertising is blurred.

The Presidency is therefore considering whether a specific regulation should be adopted and has asked the European Economic and Social Committee for its views on this matter.

 

Key points

The EESC believes that existing EU legislation provides enough protection as regards influencers' activity in the single market, mainly as advertisers (and traders) and sellers/producers.

However, the Committee believes there is a need to intervene to ensure that specific illegal activities carried out by influencers are treated evenly across the EU, requiring advertising messages to:

  • be clearly identifiable as such; and
  • comply with sector-specific rules in order to protect the health and safety of consumers and users, especially minors and other vulnerable groups.

Any breach of rules should be considered an infringement committed by the influencer.

Platform administrators and social media networks should:

  • be jointly liable for content published by content creators and influencers;
  • have an obligation to take down illegal content and report illegal activity to the competent authority;
  • require all content creators/influencers operating outside the EU to identify clear legal liability within the EU and to have professional indemnity insurance to cover harm caused by unlawful conduct.

To protect minors, platforms, and social network administrators, together with influencers, should ensure:

  • that it is technically possible to prevent underage users from viewing sensitive content, which in any case must be marked as "prohibited for children under 18", require age verification and allow the use of parental control;
  • that such messages include the words "advertising", "commercial communication" or "sponsored by";
  • that retouched or modified images are marked as "retouched image" and products of artificial intelligence as "virtual image".

Link to full opinion

 

Additional information

EESC section responsible: Single Market, Production and Consumption (INT)

Opinion type: Exploratory opinion

Rapporteur: Bernardo HERNÁNDEZ BATALLER  (Civil Society Organisations – Spain)

Co-rapporteur: Stefano PALMIERI (Workers – Italy)

Date of adoption by section: 29/06/2023

Result of the vote:  35 votes in favour and none against, with no abstentions

Date of adoption by plenary: 13/07/2023

Result of the vote: 179 votes in favour and none against, with 3 abstentions

 

Contacts

Daniela Marangoni

Press officer

Tel.: + 32 2 546 8422 | Mob: +32 475 99 94 32

email: daniela.marangoni@eesc.europa.eu

 

Radoslava Stefankova

Policy officer

Tel.: +32 2 546 8188

email: radoslava.stefankova@eesc.europa.eu

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